Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley

Description

The human rights issues in Japan are multifaceted. Over decades, domestic and international human rights organisations have raised concerns, but government obstinacy has meant there has been little progress. Recommendations of UN human rights bodies are routinely ignored, and statements by the government in the Japanese parliament regarding these recommendations have been dismissive. At the review of Japan’s implementation of the International Covenant on Civil and Political Rights in 2014, Professor Nigel Rodley, then chair of the UN Human Rights Committee, lamented the lack of true engagement by Japan and the country’s unwillingness to take any action on the conclusions of UN human rights bodies. Equally worrying is the clear trend over recent years of popular publications bashing neighbouring countries and their nationals living in Japan as well as UN human rights bodies. This book explores the issues surrounding human rights in Japan, and what the future might hold for the country. Cover Half Title Series Page Title Page Copyright Page Dedication Table of Contents List of contributors Introduction Introductory remarks 1. Hate speech and the false human rights narrative in Japan Introduction: hate speech as a new phenomenon International standards and Japan’s inadequate legal framework Human rights violations by private actors: the narrative Conclusion References 2. Media in Japan: the muzzled watchdog Introduction Broadcasting law and ‘fairness’ Specially Designated Secrets Act Kisha club and the information cartel Conclusion References 3. Criminal Justice reform of 2016: a solution to the infamous problems in Japanese criminal procedure? Criminal Justice reform of 2004 Criminal Justice reform of 2016 The new bargaining system (kyōgi-gōi system) New kyōgi-gōi system Concerns about the kyōgi-gōi system Conclusion Notes Bibliography 4. An examination of the force used by Kidoutai (riot police) and Japan Coast Guard 1 Standards 2 Reported violations 3 Conclusion Notes References 5. Women’s empowerment and gender equality in Japan 1 Recent historical background of Japan’s gender equality 2 Women’s participation in public life 3 Employment 4 Violence against women 5 Reproductive health and rights 6 Conclusion References 6. Discrimination against women in the sphere of marriage and family life Introduction Required age of marriage Requirement of same family name Prohibition of re-marriage Assumption of paternity of a child born within 300 days after divorce Conclusion Notes References 7. Dōwa Policy Projects as unfinished human rights business – from Dōtaishin to Ikengushin Introduction The positive obligations of the state Dōwa Policy The Advisory Council and its report The report Responses to the Dōtaishin The law The Iken Gushin Conclusion References 8. Blanket police surveillance of Muslims: a chilling precedent Introduction Religious profiling and blanket surveillance operation ‘Results’ of the surveillance International standards on racial and religious profiling The Japanese courts Ethno-religious profiling: a ‘necessary activity’ Purpose and effect and the right to manifest one’s religion Compliance with international standards Right to privacy Conclusion Notes References 9. The Fukushima diaspora: assessing the state-based non-judicial remedies 1 Introduction 2 The housing and health impacts and the ADR process 3 The ADR process 4 The state’s remedial obligations 5 Analysis 6 Conclusion References 10. Stratification of rights and entitlements among refugees and other displaced persons in Japan Categories of forced migrants in Japan Convention refugees Indo-Chinese refugees and resettlement refugees Persons permitted to stay on humanitarian grounds Lawfully staying asylum seekers Unlawfully staying asylum seekers Problems stemming from stratification Conclusion Notes Bibliography 11. Japan’s military sexual slavery: seeking reparations as on-going human rights violations Introduction 1 The beginning: women’s movement against sexual crimes and impunity 2 Japan’s reaction 3 Slow reactions by the treaty bodies 4 Denials prompt international criticism 5 Treaty bodies responded 6 As denials continue, treaty bodies continue taking up 7 2015 Korea–Japan announcement and CEDAW Conclusion Notes References 12. Japan and the international human rights procedures: the ‘han-nichi’ narrative Introduction International bodies: engagement with the treaty bodies Coomaraswamy report and the ‘comfort women’ The ‘comfort women’ issue returns Criticism from Special Procedures mandate holders ‘Just an individual’ Meeting with Guterres Political context and Constitutional debate Increasing strength of the right wing in the country Conclusion Notes References Index